NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Stephen Charles v Premier Precast Pty Limited [2009] NSWIRComm 136
PROSECUTOR: Inspector Stephen Charles PARTIES: DEFENDANT: Premier Precast Pty Limited
FILE NUMBER(S): IRC 265 of 2008
CORAM: Backman J
CATCHWORDS: Occupational health and safety - Occupational Health and Safety Act 2000 - plea of guilty to an offence under section 8(1) - employee falls into a concrete mixer while it is operating - employee inexperienced, alone and unsupervised at time of incident - reasonable forseeability of risk - whether absence of foresight mitigates seriousness of offence - other objective factors considered - subjective factors considered - whether fact that offence occurred within a short timeframe mitigated the seriousness of the offence - whether state of mind of defendant's managing director a relevant consideration - whether fact that defendant a small, family-owned corporation a relevant consideration - victim impact statements considered - penalty - orders
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Department of Mineral Resources of NSW (McKensey) v Kembla Coal and Coke Pty Ltd (1999) 92 IR 8 Environment Protection Authority of NSW v N (1992) 26 NSWLR 352 Inspector Elizabeth Benbow v Planada Holdings Pty Ltd [2001] NSWIRComm 275 Inspector Melissa Chaston v Sacco Builders Pty Ltd and Others [2008] NSWIRComm 152 CASES CITED: Inspector Michael Salmon v Provimi Australia Pty Ltd [2008] NSWIRComm 182 Shannon v Comalco Aluminium Ltd (1986) 19 IR 358 Inspector Ross Wolf v Colebrook & Sons Pty Ltd [2008] NSWIRComm 231 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Limited and Another (1999) 95 IR 383 WorkCover Authority of New South Wales (Inspector Kelsey) v University of Sydney [1997] NSWIRComm 44 WorkCover Authority of New South Wales (Inspector Maddaford) v Coleman (2004) 138 IR 21 WorkCover Authority of NSW (Inspector Lyons) v Warman International Ltd (2001) 105 IR 236
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